Eakin Enterprises Inc v. Specialty Sales LLC

Filing 80

Rule 41 DISMISSAL Of Complaint Of Eakin Enterprises, Inc., And Dismissal Of Counterclaims Of Specialty Sales, LLC, signed by District Judge Lawrence J. O'Neill on 9/28/2012. CASE CLOSED.(Fahrney, E)

1 CHRIS E. SVENDSEN, WSBA No. 33659
SVENDSEN LEGAL, LLC
2 P.O. Box 10627
Yakima, Washington 98908
3 Telephone: [phone]
Facsimile: 509-966-8327
4 (Pro Hac Vice)
5 Attorneys for Plaintiff and Counter-Defendants
EAKIN ENTERPRISES, INC.
6 JOHN W. EAKIN
7 MARK D. MILLER, Ca. Bar No. 116349
MARCUS N. DiBUDUO, Ca. Bar No. 258684
8 SIERRA IP LAW PC
7030 N. Fruit Avenue, Suite 110
9 Fresno, CA 93711
Telephone: [phone]
10 Facsimile: 559-436-4800
11 Attorneys for Defendant
SPECIALTY SALES LLC
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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15 EAKIN ENTERPRISES, INC., a
Washington corporation
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Plaintiff,
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v.
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SPECIALTY SALES, LLC, a California
19 limited liability company
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Case No. 1:11-cv-02008-LJO-SKO
RULE 41 DISMISSAL OF COMPLAINT OF
EAKIN ENTERPRISES, INC., AND
DISMISSAL OF COUNTERCLAIMS OF
SPECIALTY SALES, LLC

Defendant.

21 SPECIALTY SALES, LLC, a California
limited liability company
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Counter-Plaintiff,
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v.
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EAKIN ENTERPRISES, INC., a
25 Washington corporation, and JOHN W.
EAKIN, an individual
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Counter-Defendants.
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PAGE 1 OF 3
RULE 41 DISMISSAL OF COMPLAINT OF EAKIN ENTERPRISES, INC.,
AND DISMISSAL OF COUNTERCLAIMS OF SPECIALTY SALES, LLC

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Pursuant to Rule 41 of the Federal Rules of Civil Procedure, the parties hereto hereby

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4 stipulate as follows:
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WHEREAS plaintiff and counter-defendant Eakin Enterprises, Inc., counter-defendant
John Eakin (collectively “Eakin”) and defendant and counter-claimant Specialty Sales, LLC
(“Specialty ") have reached a settlement of disputes including the matters stated in the complaint

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and counterclaim in this action; and
WHEREAS as a result of such settlement, Eakin and Specialty agree to dismiss the

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11 respective claims and counterclaims stated against each other in this action with prejudice; and
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The parties hereby stipulate and agree as follows:

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1.

All claims in the complaint in this action stated by Eakin Enterprises, Inc. as

against Specialty Sales, LLC shall be dismissed with prejudice.
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2.

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All counterclaims of Specialty Sales, LLC in this action shall be dismissed with

17 prejudice.
3.

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The court shall retain jurisdiction to enforce the settlement agreement reached

19 between the parties in this action.
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PAGE 2 OF 3
RULE 41 DISMISSAL OF COMPLAINT OF EAKIN ENTERPRISES, INC.,
AND DISMISSAL OF COUNTERCLAIMS OF SPECIALTY SALES, LLC

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4.

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Each party hereto shall bear its own attorneys fees and costs incurred in the

3 above-captioned action.
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Dated: September 27, 2012

SVENDSEN LEGAL, LLC

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By /s/ Chris E. Svendsen
Chris E. Svendsen
Attorneys for Plaintiff/Counter-Defendants
Eakin Enterprises, Inc. and John W. Eakin

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Dated: September 27, 2012

SIERRA IP LAW, PC
By /s/ Mark D. Miller
Mark D. Miller
Attorneys for Defendant/Counter-Plaintiff
SPECIALTY SALES LLC

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ORDER
The clerk is directed to close this action. This Court DISMISSES this action pursuant to
the parties’ stipulation.

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19 IT IS SO ORDERED.
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Dated:

September 28, 2012

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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PAGE 3 OF 3
RULE 41 DISMISSAL OF COMPLAINT OF EAKIN ENTERPRISES, INC.,
AND DISMISSAL OF COUNTERCLAIMS OF SPECIALTY SALES, LLC